If your property is in a homeowners association (HOA), you have two sets of rules: the city's and the HOA's. State law now limits what the HOA can do about ADUs, but it does not erase the HOA.
LA ADU Guide is an information site. We are not a contractor, architect, lender or law firm. Rules change, so confirm everything with your building department before you spend money. This page is general information, not legal advice.
What state law says
ABAG's July 2025 summary of state ADU law, citing Civil Code sections 714.3 and 4751, states:
- "HOAs can set reasonable objective design guidelines for ADUs/JADUs."
- HOAs "may not prohibit or unreasonably restrict ADUs and may not prohibit renting an ADU/JADU."
Civil Code 4751 deals with covenants, conditions and restrictions (CC&Rs) in common interest developments. Because we could not open the statute text, read it yourself before relying on this page. The ABAG summary is a secondary source.
What the HOA can and cannot do
| HOA action | Generally allowed? |
|---|---|
| Ban ADUs outright in the CC&Rs | No, per the state summary |
| Require an application and plan review | Usually yes, if the process is reasonable |
| Set objective design standards (colors, materials, roof style) | Yes, "reasonable objective design guidelines" |
| Bar you from renting the ADU | No |
| Impose rules that effectively make an ADU impossible | No, "unreasonably restrict" |
This table is our plain-English reading of the ABAG summary. It is not a ruling on any specific HOA.
Rules the HOA cannot override
The HOA cannot change what the city must approve. A city still reviews your ADU under state law, including the 60 day clock in section 66317 and the standards in ADU setbacks and lot coverage. But an HOA approval is a separate step. You may need both.
Condo and townhome owners
Many condo and townhome buildings are HOA-run and share a lot. Building a detached ADU on common area needs permission from the association and often a vote. The multifamily ADU rules apply to buildings with multiple units, and they are different from single-family rules. See multifamily ADUs, apartments and condos.
Steps to take
- Get your CC&Rs, bylaws and architectural guidelines. Your title company or the HOA manager can provide them.
- Search for words like "accessory," "second unit," "guest house," "rental" and "outbuilding."
- Ask the HOA in writing for its ADU design standards, if it has any.
- Submit your design to the HOA review board with the city permit set.
- Keep all replies. If the HOA denies you, ask for the reason in writing.
- If you believe the denial violates state law, consult a real estate attorney.
Checklist
- [ ] CC&Rs and architectural rules in hand.
- [ ] Any ADU, rental or outbuilding language marked.
- [ ] Written design standards requested.
- [ ] HOA review submitted alongside, not after, the city permit.
- [ ] Rental plans reviewed against any HOA rental caps. ABAG says the HOA "may not prohibit renting."
- [ ] Questions about enforceability sent to an attorney.
Things we did not verify
We did not review specific HOA disputes, court decisions or fine amounts. We also did not verify how Civil Code 4751 treats older CC&Rs written before the law, or whether a short-term rental ban in CC&Rs is enforceable. Ask an attorney.
Common questions
My CC&Rs say "single-family use only." Can I still build? The ABAG summary says an HOA may not "prohibit or unreasonably restrict" ADUs. Whether a given CC&R clause is void is a legal question for an attorney.
Can the HOA set a size limit? It can set "reasonable objective design guidelines." We did not verify whether a size cap counts as design or as a restriction.
Does the city care what the HOA says? The city reviews your permit under state law. The HOA review is a separate process, so plan for both.
Where is the state rule? ABAG cites Civil Code sections 714.3 and 4751. Read the text on the legislature's website.
Recent changes
The ADU law moved to Gov. Code sections 66310 to 66342 on March 25, 2024 (SB 477), but the HOA rules sit in the Civil Code and did not move. For the owner side, see ADU owner-occupancy rules, and for the full overview read California ADU rules explained. More in the ADU rules hub.